Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1887-04-08

power 10 act In the matter OF electing
L. 5. Senator, the manaer Of Its acting
are bestowed upon Ii, and regulated by
the Constitution Of the United States.
which Is supreme upon the subject, and
no act or provision Of State Constitn-
tion or law can affect or alter them.
As an illustration: The same section.
from which have quoted, provides that
mo person shall be Senator who
shall not have attained to the age of
thirty years, and been nine years citi.
zen of the United States, aEG who shall
not, when elected, be an inhsbitant Of
the States for which he was chosen"
Suppose, for any reason, n State should
prescribe another age and say thata
Senator from West Virginia shall be ell
glble to the office at the age Of trenty:fre
years and that he shall only be required
10 be citizen Of the United States for
seren years, and that he need not be an
inhabitant OF the State " hen he is chosen.
Would Senator elected under the new
qualifications be received by the Senate!
Could he be so receivedr Maniicstly
not. And why uotf Because he does
not conform to the qualifications Of the
Constitution Of the United States. So
with regard TO the action, or Limitation
of the action Of Legislature when IL
meets Ia extra session. IL may be limi.
ted to such subjects Ms the Constitution
Of the State may provide II not In con-
hict with any duty that the Constitution
of the United States imposes upon IL.
IL there IL any such conflict such limi-
tation In IL must yield. Now the Con.
stituliou Of the United States declares
that the Governor OF State shall have
power "to make temporary appoint
ments until the next meeting OF tho
Legislature which shall then fill the va
cancies."
The power to elect Is not bestowed
upon the Legislature nor can IL be taken
from IL by the Constitution or law OF =
State, any more Of the qualification by
aye or residence IN bestowed by the
Constitution or law OF a State, or can be
modified or changed by them.
IL the body. therefore, that meets at
Charleston OH the 20lh Of April be the
Legislature Of the State, Its duty aud
power to elect Senator are Imposed on
it By the Constitution Of the United
States when Ii so meets.
The Legislature cannot say eve are
called together for certain purposes."
The Constitution Of the United States
answers: "But the duty which have
imposed upon you, and the power ! have
given you Is TO elect" and "this Consti.
tuition and the laws OF the United States
made In pursuance thereof. and sll treat
les made or which shall be made, under
the authority Of the United States shall
be the supreme law Of the land" There
cannot be two supreme laws on one SUBJ
ject. From its very nature Il must be
indivisi5le.
II Is true there Is no power to co~ce
State into the election Of a Senator ofthe
United States, but II the power and du-
" to elect be not exercised and ID ne.
elected what Is the result9 Why pen.
atty is incurred. The State has chosen
not to have the Senator whom ;t was en-.
titled TO elect and IL, therefore, goes
without it, due representation until an.
other Legislature shall meet and dis.
charge its duty by electing Senator.
The place becomes vacant at the ad-
journment Of the next meeting OF the
Legislature. There Is no power In the
Executive to I'LL IL.
In the very able debate on the Bell
case reported In Congessional Record,
Vol. 0 part |, pages 1915 aud following
(and from which the extracts In this ar.
ticle have been taken), there were two
reports as hereinbefore mentionrd. The
minority report Of Hoar, Cameron and
Ingalls, comedies that II, after raiid
Executive appointment, there he . meet
ing Of the Legislature, such appoint
ment ceases II the Legislature adjourns
without making choice Of u successor.
The report Lolds this language:
"Yet the Senate has uniformly held that
,s M
ouTn Utttou making e'sosce"
Mr. noar 10 the discussion sald:
..The Governors right 70 appoint until the
| next meeting VI the LseisLAture - uniformly
| Construed Ia mean that after the LsgisistuTe
has met the entire coDstitutiotssI suthonty
oi the Governor. 20 iar ~ rssAtss " that Va
| csncy, ~ gone"
Mr.. EsIuunds aeyated and reiterated
this view during the same debate. Al
though lie thought the Governors ap-
poiDlmeDt, a. We have seen, Of Mr.. Bell
yas valid, he WAS veiy emphatic in his
opinion upon the other point ti,st u
ended with the next meeting " the Leg
fslature. He said: ra rfn fsfte
.The Governor may nil until the nsxt
mes.Hs 2, TIE LsE',.atSfs; =, eo, 1s.' nsv,ns &C
| snd be cannot MI sssin." lEia fS
..when the Constitution uaes the word 9th.
ervise' IL uses comprsb~nsise tern, - thst
in Whatever wsy state ceases 70 bsve op-
| pOrtunity 70 express 40 fail voice here Ia this
! Council VI states. IT, shall be Oiled uo tsDpo-
| rariJy Dy the Governor until The Le8sistofe,
| the chief and sovereign power In tbs state, ~
| It's next meeting can have N opportunity 70
niI IL. Then if tney Jan IN thsir constitution
| al duty, tne Cons ~ it wzs made has
not tDoUght nt 70 give the Governor any osher
power. That n The state of tbs csss.
And again hs says: f af
~wheasver that onsos eones 70 be vacant
90 that The stale In deprived Of tts yoiee, then,
II there be not . state Lsg,sisturs pssusny and
In session 70 nll &c, The Governor may ~ ~
until the next sessiOn Of the L<Etsjatufo has
sn opportunity 20 DO it, and 10 dos p0s give
the Governor power 70 Nil II any ioness."
Mr.. McDonsld Of Indiana Ia spesking
/ of ti,e duraffon of the fem mfofaFg an.